Allowed

Smt. Meesala Lakshmi Devi, v. the State of Andhra Pradesh

Andhra Pradesh HC3 Oct 2024WP/21211/2024

Case brief

AI extract

What is this about?

The High Court quashed the suspension of the petitioner's Fair Price Shop authorization, holding that minor stock variations in rice and other commodities were within permissible limits under Clause 29(a) of the AP PDS Order 2018 and did not warrant such a harsh remedy.

What did the court decide?

Writ petition allowed; suspension order set aside; supply of essential commodities resumed.

Smt. Meesala Lakshmi Devi, Vs the State of… — Service and Employment | Andhra Pradesh HC (2024)

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' S'

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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FRIDAY, THE FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE MS JUSTICE B S BHANUMATHI

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WRIT PETITION NO: 21211 OF 2024

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Between:

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Smt. Meesala Lakshmi Devi, W/o. Lakshmi Naidu, Aged about 53 Years Occ F.P.Shop Dealer, F.P.Shop No.0223023, R/o. Karakam Village, Cheepurupalli Mandalam, Vizianagaram District.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Represented by its Principal secretary. Food, Civil Supplies and Consumer Affairs (CS-I) Department,^A.P. Secretariat Buildings, Velagapudi, Thulluru Mandal, Amaravati, Guntur District.

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The Collector (CS), Vizianagaram, Vizianagaram District,

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The Revenue Divisional Officer, Cheepurupalli, Vizianagaram^District.

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The Tahsildar, Cheepurupalli Mandalam, Vizianagaram^District.

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The Deputy Tahsildar,Civil Supplies, Cheepurupalli Mandalam, Vizianagaram District

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS, to declare the action of the 3rd respondent in issuing Proceedings^{VideRc.No.386/2024-} SA/Dated 11.09.2024, suspending the authorization of the petitioners Fair Price Shop for the Shop No. 0223023, Karakam Village, Cheepurupalli Mandalam, Vizianagaram District, as illegal and arbitrary, violation of principles of natural Justice and contrary to the Provisions^{oftheEssential} Commodities Act and the Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018, by setting-aside^thesameand consequently direct the respondents nos. 2 to 5 to release the Essential Commodities to the petitioner for the F.P. Shop No. 0223023, Karakam Village, Cheepurupalli Mandalam, Vizianagaram District. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to supply the essential^{commoditiesto} the petitioner’s F.P. Shop No. 0223023, Village Cheepurupalli Mandalam, Vizianagaram District, by continuing the Petitioner’s F.P. Shop authorization, pending disposal of the writ petition.

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Counsel for the Petitioner(s): SRI RAJU GUBBALA

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Counsel for the Respondents 1 to 5 : GP FOR CIVIL SUPPLIES

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The Court made the following: ORDER

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APHC010417322024

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[3311]

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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FRIDAY, THE FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE MS JUSTICE B S BHANUMATHI

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WRIT PETITION NO: 21211 /2024

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Between:

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1.SMT. MEESALA LAKSHMI DEVI, W/0. LAKSHMI NAIDU, AGED ABOUT 53 YEARS, OCC; F.P.SHOP DEALER, F.P.SHOP N0.0223023, R/O.KARAKAM VILLAGE, CHEEPURUPALLI MANDALAM, VIZIANAGARAM DISTRICT.

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY. FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS (CS^I) DEPARTMENT, A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, THULLURU MANDAL, AMARAVATI, GUNTUR DISTRICT.

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2.THE COLLECTOR CS, VIZIANAGARAM, VIZIANAGARAM DISTRICT,

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3.THE REVENUE DIVISIONAL OFFICER, CHEEPURUPALLI, VIZIANAGARAM DISTRICT.

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4.THE TAHSILDAR, CHEEPURUPALLI MANDALAM, VIZIANAGARAM DISTRICT.

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5.THE DEPUTY TAHSILDAR, ,CIVIL SUPPLIES CHEEPURUPALLI MANDALAM, VIZIANAGARAM DISTRICT

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...RESPONDENT(S):

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BSB,J 6k W.P.No.21211 of2024

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Counsel for the Petitioner:

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1.RAJU GUBBALA

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Counsel for the Respondent(S):

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The Court made the following:

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ORDER:

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This writ petition is filed seeking>the following relief;

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...to issue an appropriate „ writ,,order or direction more particularly one in the nature of Writ of Mandamus,^to declare the action of the 3'"^ respondent in issuing proceedings^Vide Rc.No.386/2024-SA dated: 11.09.2024, suspending the authorization of the petitioners fair price shop for the Shop No. 0223023, Karakam Village, Cheepurupalli Mandalam, Vizianagaram District, as illegal and arbitrary, violation of principles of natural Justice and contrary to the provisions^of the Essential Commodities Act and the Andhra Pradesh State Targeted Public Distribution System (Control) Order 2018, by setting-aside the same and consequently direct the respondents No.2 to 5 to release the essential commodities to the petitioner for the F.P. Shop No.0223023, Karakam Village, Cheepurupalli Mandalam, Vizianagaram District and pass such....” 2. The learned counsel for the petitioner submitted that without following due procedure for suspension of the dealership, the impugned order was passed. He further stated that the alleged variation^of PDS^{riceisalsowithin} the permissible limit and variation in the RG dall and PDS sugar is very small, as the quantity supplied is also very small, and the same may not be considered for adopting a harsh remedy of suspending the dealership.

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BSB,J W.P.No.21211 of 2024

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The learned Assistant Government Pleader, on written^{instructionsof} Revenue Divisional Officer vide Rc.No.319/2024/CS dated 23.09.2024, stated that certain variations were found in the stock when the shop was inspected on 17.08.2024 and therefore, there is every justification for passing the impugned order.

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Since clause 29 (a) of the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018, permits variation up to 1.5% of the stock per month, the variation in the stock of the rice is below the permissible limit. Whereas, the stock of RG dall and sugar being very small in quantity supplied to the dealer, the variation therein cannot be taken as a ground to take harsh step of suspending the dealership.

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As such the Writ Petition is allowed, as prayed for. Consequently, the supply of the stock to the writ petitioner shall continue so long as the dealership is in force, subject to compliance of the other legal formalities.

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However, this Order does not preclude the respondent^{authoritiesto} conduct enquiry as per law. There shall be no order^astocosts.

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Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

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SDI- K. TATA RAO DEPUTY REGISTRAR / //TRUE COPY//

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SECTION OFFICER

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To,

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The Principal Secretary, Food, Civil Supplies and^{ConsumerAffairs} (CS-I) Department, State of Andhra Pradesh, A.P. Secretariat^Buildings, Velagapudi, Amaravati, Guntur District.

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